North Dakota Power of Attorney Forms
The North Dakota Power of Attorney Forms are legal documents that can be used by anyone in the state who wishes to delegate their decision making powers to another party. Upon its valid execution, the party who enacts the Power of Attorney (referred to as the Principal) still retains the right to act on their own behalf. However, the party they delegate decision making powers to (referred to as the Agent) will be able to legally act on the Principal’s behalf in the listed matters and circumstances without requiring prior approval.
Durable (Financial) Power of Attorney – A POA that is not affected by the state of the principal’s health. That is, it will continue regardless of whether the principal is deemed to be in a state of incapacity or is pronounced dead.
General (Financial) Power of Attorney – A POA that is only valid so long as the principal is conscious and of a sound mind.
Limited (Special) Power of Attorney – A document that restricts the scope of the agent’s powers so that they may only be used in the matters and circumstances noted in the contract.
Medical Power of Attorney – Considering that a Medical POA cannot be valid if it is made after the principal is deemed to be incapacitated, it is vital that anyone considering drafting this legal document does so as far in advance as possible.
Download – Adobe PDF
Minor Child Power of Attorney – A type of limited POA that legally establishes an arrangement whereby a parent or guardian grants another party the legal powers required to take their place in the care of their children in certain circumstances.
Motor Vehicle (DMV) Power of Attorney – By completing this form, an individual can appoint an attorney-in-fact to represent them in particular matters pertaining to their motor vehicle.
Real Estate (Property) Power of Attorney – Should an individual require assistance from another party to organize such aspects of home ownership as selling or buying a property, this form will outline the necessary requirements to do so.
Revocation of Power of Attorney – This document takes away any and all authority an agent was granted via a valid POA to handle a principal’s affairs.
State Tax Filing Power of Attorney – In order for a resident of North Dakota to enact a State Tax Filing POA, they must complete Form 500: Authorization to Disclose Tax Information & Designation of Representative Office, which is a document issued by the North Dakota State Tax Commissioner.
Download – Adobe PDF
Laws & Signing Requirements
- North Dakota Power of Attorney Laws – (Chapter 30.1-30, “Uniform Power of Attorney Act” and Chapter 23-06.5, “Health Care Directives”)
- Signing Requirements
- Health Care Directive / Medical Power of Attorney (§ 23-06.5-05) – Signed by the principal in front of a notary or 2 witnesses (who must also sign the POA).